MD
Maryland Senate Bill SB461

Maryland 2025 Regular Session

Maryland Senate Bill SB461 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0461*
66
77 SENATE BILL 461
88 M3 5lr2204
99
1010 By: Senator M. Washington
1111 Introduced and read first time: January 21, 2025
1212 Assigned to: Education, Energy, and the Environment and Budget and Taxation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Environment – Maryland Water Quality Revolving Loan Fund – Renaming and 2
1919 Alterations 3
2020
2121 FOR the purpose of renaming the Maryland Water Quality Revolving Loan Fund to be the 4
2222 Maryland Water Quality Improvement Revolving Loan Fund; altering the conditions 5
2323 under which the Fund may be used to include supporting certain projects; requiring 6
2424 the Maryland Water Infrastructure Financing Administration to include certain 7
2525 communities and to use a certain scoring system when creating a certain intended 8
2626 use plan; and generally relating to the Maryland Water Quality Improvement 9
2727 Revolving Loan Fund. 10
2828
2929 BY repealing and reenacting, without amendments, 11
3030 Article – Environment 12
3131 Section 1–701(a)(1), (7), and (8) 13
3232 Annotated Code of Maryland 14
3333 (2013 Replacement Volume and 2024 Supplement) 15
3434
3535 BY repealing and reenacting, with amendments, 16
3636 Article – Environment 17
3737 Section 5–5B–02 and 5–5B–05(b) and (c) 18
3838 Annotated Code of Maryland 19
3939 (2013 Replacement Volume and 2024 Supplement) 20
4040
4141 BY repealing and reenacting, without amendments, 21
4242 Article – Environment 22
4343 Section 9–1601(a) 23
4444 Annotated Code of Maryland 24
4545 (2014 Replacement Volume and 2024 Supplement) 25
4646
4747 BY repealing and reenacting, with amendments, 26
4848 Article – Environment 27 2 SENATE BILL 461
4949
5050
5151 Section 9–1601(mm), 9–1605(a)(1) and (2), (d)(15) and (16), and (f) 1
5252 Annotated Code of Maryland 2
5353 (2014 Replacement Volume and 2024 Supplement) 3
5454
5555 BY adding to 4
5656 Article – Environment 5
5757 Section 9–1605(d)(17) 6
5858 Annotated Code of Maryland 7
5959 (2014 Replacement Volume and 2024 Supplement) 8
6060
6161 BY repealing and reenacting, without amendments, 9
6262 Article – State Finance and Procurement 10
6363 Section 5–7B–01(a) 11
6464 Annotated Code of Maryland 12
6565 (2021 Replacement Volume and 2024 Supplement) 13
6666
6767 BY repealing and reenacting, with amendments, 14
6868 Article – State Finance and Procurement 15
6969 Section 5–7B–01(c)(1)(iv) and 6–226(a)(2)(ii)47. 16
7070 Annotated Code of Maryland 17
7171 (2021 Replacement Volume and 2024 Supplement) 18
7272
7373 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
7474 That the Laws of Maryland read as follows: 20
7575
7676 Article – Environment 21
7777
7878 1–701. 22
7979
8080 (a) (1) In this section the following words have the meanings indicated. 23
8181
8282 (7) “Overburdened community” means any census tract for which three or 24
8383 more of the following environmental health indicators are above the 75th percentile 25
8484 statewide: 26
8585
8686 (i) Particulate matter (PM) 2.5; 27
8787
8888 (ii) Ozone; 28
8989
9090 (iii) National Air Toxics Assessment (NATA) diesel PM; 29
9191
9292 (iv) NATA cancer risk; 30
9393
9494 (v) NATA respiratory hazard index; 31
9595
9696 (vi) Traffic proximity; 32
9797 SENATE BILL 461 3
9898
9999
100100 (vii) Lead paint indicator; 1
101101
102102 (viii) National Priorities List Superfund site proximity; 2
103103
104104 (ix) Risk Management Plan facility proximity; 3
105105
106106 (x) Hazardous waste proximity; 4
107107
108108 (xi) Wastewater discharge indicator; 5
109109
110110 (xii) Proximity to a Concentrated Animal Feeding Operation (CAFO); 6
111111
112112 (xiii) Percent of the population lacking broadband coverage; 7
113113
114114 (xiv) Asthma emergency room discharges; 8
115115
116116 (xv) Myocardial infarction discharges; 9
117117
118118 (xvi) Low–birth–weight infants; 10
119119
120120 (xvii) Proximity to emitting power plants; 11
121121
122122 (xviii) Proximity to a Toxic Release Inventory (TRI) facility; 12
123123
124124 (xix) Proximity to a brownfields site; 13
125125
126126 (xx) Proximity to mining operations; and 14
127127
128128 (xxi) Proximity to a hazardous waste landfill. 15
129129
130130 (8) “Underserved community” means any census tract in which, according 16
131131 to the most recent U.S. Census Bureau Survey: 17
132132
133133 (i) At least 25% of the residents qualify as low–income; 18
134134
135135 (ii) At least 50% of the residents identify as nonwhite; or 19
136136
137137 (iii) At least 15% of the residents have limited English proficiency. 20
138138
139139 5–5B–02. 21
140140
141141 This subtitle applies to public water systems serving at least 10,000 individuals that: 22
142142
143143 (1) Apply for a new or expanded water appropriation permit; or 23
144144 4 SENATE BILL 461
145145
146146
147147 (2) Apply for State financial assistance including the Maryland Water 1
148148 Quality IMPROVEMENT Revolving Loan Fund as provided in § 9–1605 of this article and 2
149149 any other State funding source. 3
150150
151151 5–5B–05. 4
152152
153153 (b) In reviewing and prioritizing requests by public water systems, as defined by 5
154154 this subtitle, for State financial assistance through the Maryland Water Quality 6
155155 IMPROVEMENT Revolving Loan Fund under § 9–1605 of this article and other State 7
156156 funding sources, the Department shall consider local initiatives and voluntary efforts, and 8
157157 the best management practices set forth for implementation within a financial assistance 9
158158 application. 10
159159
160160 (c) On or before October 1, 2003, the Department shall issue guidelines to public 11
161161 water systems on best management practices for improving water conservation and 12
162162 efficiency in water use, treatment, storage, and transmission, including: 13
163163
164164 (1) Costs and cost–savings associated with implementing examples of 14
165165 specific best management practices; 15
166166
167167 (2) Water conservation associated with implementing specific best 16
168168 management practices; and 17
169169
170170 (3) Priority eligibility for funding through State financial resources for 18
171171 drinking water and wastewater treatment improvements including the Maryland Water 19
172172 Quality IMPROVEMENT Revolving Loan Fund under § 9–1605 of this article and other 20
173173 State or federal financial assistance when best management practices are implemented. 21
174174
175175 9–1601. 22
176176
177177 (a) Unless the context clearly requires otherwise, in this subtitle the following 23
178178 words have the meanings indicated. 24
179179
180180 (mm) “Water Quality Fund” means the Maryland Water Quality IMPROVEMENT 25
181181 Revolving Loan Fund. 26
182182
183183 9–1605. 27
184184
185185 (a) (1) (i) There is a Maryland Water Quality IMPROVEMENT Revolving 28
186186 Loan Fund. 29
187187
188188 (ii) The Water Quality Fund shall be maintained and administered 30
189189 by the Administration in accordance with the provisions of this subtitle and such rules or 31
190190 program directives as the Secretary or the Board may from time to time prescribe. 32
191191
192192 (2) The Water Quality Fund is a special, continuing, nonlapsing fund which 33
193193 is not subject to § 7–302 of the State Finance and Procurement Article and which shall be 34 SENATE BILL 461 5
194194
195195
196196 available in perpetuity for the purpose of providing financial assistance TO PRESERVE , 1
197197 MAINTAIN, AND IMPROVE THE WATER RESOURCES OF THE STATE in accordance with 2
198198 the provisions of this subtitle and Title VI of the Federal Water Pollution Control Act. 3
199199
200200 (d) Amounts in the Water Quality Fund may be used only: 4
201201
202202 (15) To provide loan guarantees for similar revolving funds established by 5
203203 municipalities or intermunicipal agencies; [and] 6
204204
205205 (16) To serve as guarantee for long–term Pay for Success contracts, green 7
206206 bonds, or environmental impact bonds by any public, private, or nonprofit entity for the 8
207207 purchase of outcomes that provide a water quality benefit; AND 9
208208
209209 (17) TO SUPPORT PROJECTS T HAT INVOLVE: 10
210210
211211 (I) DECENTRALIZED WASTEWA TER SYSTEMS; 11
212212
213213 (II) STORMWATER MANAGEMENT INFRASTRUCTURE ; 12
214214
215215 (III) FLOODWATERS ; 13
216216
217217 (IV) FLOODPLAINS; 14
218218
219219 (V) STREAMS; 15
220220
221221 (VI) TRIBUTARIES; 16
222222
223223 (VII) WETLANDS; AND 17
224224
225225 (VIII) TECHNICAL ASSISTANCE FOR PROJECTS UNDER T HIS ITEM. 18
226226
227227 (f) In creating an intended use plan for the Water Quality Fund, the 19
228228 Administration shall [prioritize]: 20
229229
230230 (1) INCLUDE IN THE PLAN: 21
231231
232232 [(1)] (I) Opportunities to provide TECHNICAL assistance to 22
233233 [disadvantaged] OVERBURDENED communities [or communities], AS DEFINED IN § 23
234234 1–701 OF THIS ARTICLE , THAT HAVE BEEN disproportionately [burdened] IMPACTED 24
235235 by environmental harms and risks; and 25
236236
237237 [(2)] (II) Green and blue infrastructure[, with particular focus on natural 26
238238 areas or natural features]; AND 27
239239 6 SENATE BILL 461
240240
241241
242242 (2) USE A SCORING SYSTEM THAT: 1
243243
244244 (I) EVALUATES APPLICATIONS FOR THE FUND TO ENSURE 2
245245 THAT FUNDING PRIORITY IS GIVEN TO UNDERSERVED COMMUNITIES , AS DEFINED 3
246246 IN § 1–701 OF THIS ARTICLE, THAT ARE DISADVANTAGED BY : 4
247247
248248 1. ECONOMIC DISTRESS ; 5
249249
250250 2. HIGH ENVIRONMENTAL BU RDENS; AND 6
251251
252252 3. INSUFFICIENT INFRASTR UCTURE; AND 7
253253
254254 (II) REVIEWS AND CONSIDERS APPLICATIONS THAT WE RE 8
255255 PREVIOUSLY DENIED AND THAT INCLUDED PROJEC TS THAT: 9
256256
257257 1. ALIGNED WITH THE STATE’S LAWS AND GOALS 10
258258 INVOLVING: 11
259259
260260 A. CLIMATE CHANGE; 12
261261
262262 B. FLOOD MITIGATION ; AND 13
263263
264264 C. WATER QUALITY; 14
265265
266266 2. PROVIDED TECHNICAL AS SISTANCE FOR IMPROVING 15
267267 INSUFFICIENT OR FAIL ED INFRASTRUCTURE ; AND 16
268268
269269 3. INVOLVED: 17
270270
271271 A. OVERBURDENED COMMUNIT IES; AND 18
272272
273273 B. AREAS WITH SIGNIFICAN T ENVIRONMENTAL HARM . 19
274274
275275 Article – State Finance and Procurement 20
276276
277277 5–7B–01. 21
278278
279279 (a) In this subtitle the following words have the meanings indicated. 22
280280
281281 (c) (1) “Growth–related project” means only the items set forth below: 23
282282
283283 (iv) funding by the Department of the Environment, for any project 24
284284 under: 25
285285 SENATE BILL 461 7
286286
287287
288288 1. §§ 9–1601 through 9 –1605 (Water Quality 1
289289 IMPROVEMENT Revolving Loan Fund) of the Environment Article except for funding 2
290290 nonpoint source pollution projects; 3
291291
292292 2. §§ 9–420 through 9–426 (Water Supply Financial 4
293293 Assistance Program) of the Environment Article; and 5
294294
295295 3. the supplemental assistance program authorized under 6
296296 Title 9, Subtitle 3, Part VI of the Environment Article; and 7
297297
298298 6–226. 8
299299
300300 (a) (2) (ii) The provisions of subparagraph (i) of this paragraph do not apply 9
301301 to the following funds: 10
302302
303303 47. Maryland Water Quality IMPROVEMENT Revolving Loan 11
304304 Fund; 12
305305
306306 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13
307307 1, 2025. 14